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PEOPLE v. STRONG

45 A.D.2d 18 (1974)

The People of the State of New York, Respondent, v. Robert Strong, Also Known as Omar Ali Shereiff, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 30, 1974.

Attorney(s) appearing for the Case

Peter L. Yellin (Robert S. Beer of counsel), for appellant.

Jack B. Lazarus (Melvin Bressler of counsel), for respondent.

MOULE, MAHONEY and DEL VECCHIO, JJ., concur with WITMER, J. P.; CARDAMONE, J., dissents in a memorandum and votes to reverse the judgment and grant a new trial.

WITMER, J. P.

Defendant appeals from the judgment of Monroe County Court entered upon a verdict finding him guilty of manslaughter in the second degree as charged in a one-count indictment for causing the death of one Kenneth Goins. The sole ground on which defendant rests the appeal is his contention that the trial court erred in refusing to grant his request that the jury be charged that they could find him guilty of criminally negligent homicide (Penal...

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